No One Has Addressed The Heart Of Trump’s Alien Enemies Act Gambit Yet

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President Trump’s dubious use of the Alien Enemies Act to try to deport large numbers of Venezuelan men — and the lives he’s consequently endangered — have gobbled up so much national attention that it’s easy to forget that no judge has ruled that Trump even can use this law in this way in the first place. 

Even a plain reading shows why it’s a stretch: The act only kicks in when a “foreign nation or government, or any invasion or predatory incursion” is being carried out against the United States. The Trump administration has tried to contort this language by arguing that the gang Tren de Aragua is a) intertwined with the actual Venezuelan government and b) currently “invading” the U.S. by means of illegal immigration. 

But because of the flurry of procedural motions — the Trump administration’s attempt to smuggle the detainees out of the country before judges can stop it, and the detainees’ lawyers trying to stop that from happening — no court has reached that fundamental question yet. And a couple hundred men have already been deported to an El Salvador torture prison anyway.

U.S. intelligence agencies have found that the crux of the administration’s justification for invoking the law is not true — that the gang is not working alongside Nicolás Maduro’s regime to invade the United States.

The Alien Enemies Act, the last vestige of the infamous Alien and Sedition Acts, had only been previously invoked before this in times of clear-cut war: The War of 1812 and the First and Second World Wars. 

It’s not at all clear that courts will buy the attempt when they finally hear the case on the merits — the trick is to keep the Trump administration from permanently disappearing more Venezuelan men in the meantime.

— Kate Riga

Here’s what else TPM has on tap this weekend:

  • Hunter Walker looks into the latest addition to the Trump family’s MAGA merch store, which gives you new ways to broadcast to the world your enthusiasm for pushing constitutional boundaries.
  • Khaya Himmelman checks in on Ed Martin, who made headlines this week when he backtracked on his past praise for a convicted Jan. 6 defendant who federal prosecutors described as a “white supremacist and Nazi sympathizer.” It’s just one of several things Martin has done as he tries to prepare for a Senate confirmation fight that Democrats are ensuring will be contentious.
  • Hunter Walker reflects on the saga of the infamous George Santos, who was sentenced to 87 months in prison on Friday.

Let’s dig in.

With ‘TRUMP 2028’ Gear The President’s Family Has A Merch Store For Authoritarianism 

President Trump’s family business has souvenirs ready for a power grab. Their new merch line includes the perfect accessories for an unprecedented assault on the Constitution. 

The new arrivals section of the Trump Organization’s retail store currently features “TRUMP 2028” hats, t-shirts, and beer cozies. Of course, President Trump would have served two terms by that point and the 22nd Amendment explicitly says “no person shall be elected to the office of the President more than twice.” The marketing copy for the swag includes a perfectly Trumpian combo of constitutional boundary pushing paired with the thinnest hint of plausible deniability — it cheekily frames the items as both MAGA fashion and an encouragement of a major edit to American law.

“The future looks bright! Rewrite the rules with the Trump 2028 high crown hat,” reads the description for the new headwear, which somehow costs $50.

TPM reached out to the White House to ask if Trump is aware of the merch and whether he is officially endorsing the prospect of rewriting the rules. The press office referred us to the Trump Organization, which is led by two of the president’s sons, Eric and Don Jr., who did not respond to requests for comment. 

President Trump officially stepped down from his position leading the Trump Organization in 2017 and his sons took over the company. However, along with the family connection, there are still other clear signs of his ongoing involvement in the business. In fact, on Thursday, Trump reportedly directed his sons to fire one of the organization’s lawyers because the man also represents Harvard, which the President has targeted in his ongoing assault on the nation’s universities. 

And the new merch from his eponymous company isn’t the first indication that Trump is trying to normalize and manifest the idea of spending a dozen years in power. Since taking office earlier this year, Trump has continuously floated the possibility and refused to rule it out. 

While a third term for Trump would be lawless and unprecedented in the modern era, some legal scholars believe there are loopholes he could potentially try to take advantage of in an attempt to cling to power. However, if he does want a third go round, Trump is going to need more than legal loopholes and new merch. He will also have to address his increasingly awful poll numbers.

Eric Trump, for his part, seems fully unbothered by the swirl of legal and ethical questions surrounding the new merch. On Thursday, he took to Instagram to share a series of pictures of press inquiries he received about the “Trump 2028” gear along with a photo of himself smiling in one of the hats. 

— Hunter Walker

Ed Martin Attempts To Clean Up His Act 

As he continues to face scrutiny from Democrats in the lead up to his confirmation vote, acting D.C. U.S. Attorney Ed Martin, is attempting to clean up his public image. His latest effort involves him distancing himself from his past praise of a convicted January 6 rioter, Timothy Hale-Cusanelli, who prosecutors described as far right even for an insurrectionist. 

“I’m sorry,” Martin said in an interview with The Forward this week, continuing that he regretted once calling Hale-Cusanelli “extraordinary” at an awards dinner in 2024.

“I denounce everything about what that guy said, everything about the way he talked, and all as I’ve now seen it,” he told The Forward. “At the time, I didn’t know it.”

Federal prosecutors described Hale-Cusanelli, during his January 6 criminal case, as a “white supremacist and Nazi sympathizer.”

This isn’t the first time Martin has attempted to backtrack from some of his most extreme commentary, though. 

This month, CNN reported that Martin failed to disclose almost 200 far-right media appearances he’s made in the last two years when filing his mandated 27-page Senate disclosure forms. Then, earlier this month, Martin attempted to amend these forms, but still left out many of his past appearances. 

“I regret the errors and apologize for any inconvenience,” he reportedly wrote in his amended forms. 

He also has claimed that he did not intentionally remove any of his podcast episodes after Senate Democrats demanded that the Senate Judiciary Committee hold a confirmation hearing on him; the senators noted that Martin “attempted to scrub much of his previous public commentary from the internet.”

— Khaya Himmelman

The Last Gasp Of ‘Santos Sparkle’ 

Disgraced former congressman George Santos is apparently spending every free moment he can selling videos on the Cameo website before he has to go behind bars. Santos was sentenced to 87 months in prison on Friday and ordered to pay over $370,000 in restitution for what prosecutors described as “unparalleled crimes” that were first reported by TPM

Santos is set to start his prison term on July 25. In the meantime, he is apparently still taping video messages for fans and other curious onlookers. His bio on the site notes that the price of the videos has been discounted from $300 to $100 and specifies that he will tape and send them within an hour. 

“From wild birthday shoutouts to motivational pep talks, George Santos has become a go-to for fans looking to add a touch of Santos sparkle to their special occasions!” says the description on Santos’ Cameo page.

Santos, a Republican who took office in 2023, quickly lost his luster after revelations he had faked aspects of his personal biography. TPM subsequently uncovered evidence that donors had been defrauded by Santos’ political operation. That scheme ultimately became the core of an October 2023 indictment against Santos. His offenses included using credit card information stolen from donors to make contributions to his House campaign and other political operations. Much of the money ended up in Santos’ own wallet and was used in shopping sprees for luxury goods. He was expelled from his House seat in December 2023.

Since leaving Congress, Santos has remained a vocal booster of President Trump while very visibly indicating his eagerness to receive a pardon. In August 2024, Santos pleaded guilty to wire fraud and aggravated identity theft. That agreement was also first reported by TPM

Despite the plea, on social media and in other appearances, Santos denied some of the things he’d taken responsibility for and railed against the Justice Department. U.S. District Judge Joanna Seybert cited his apparent lack of remorse as she handed down the full sentence requested by prosecutors rather than the more lenient two-year term Santos’ attorneys asked for. 

As he headed to court prepared to receive what he expected would be a harsh sentence, Santos briefly paused his Cameo business on Thursday evening. By Friday afternoon, after the sentence was handed down, Santos was back on the site working his video hustle. His Cameo business was an issue during court proceedings. According to prosecutors, Santos earned over a half a million dollars on the site, attempted to lie about that amount, and paid none of those funds to his victims. 

While Santos’ Cameos may not have helped him atone for or address his crimes, they are truly incredible content and a wild artifact of this insane era of brazen corruption. In one recent clip, Santos — with a straight face after his years of lying — cited his classified knowledge to encourage people to get the rest of the government to be more honest about UFOs. 

“There are things that the public are being kept from,” Santos said. “I always say this to you, petition your government, make sure they tell you the truth.”

It may not be with George Santos, but somehow, somewhere, the truth is out there. 

— Hunter Walker

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  1. Two things:

    If the gang hasn’t infiltrated the Venezuelan government, then why hasn’t Maduro come right out and said that?

    With respect to the possibility of a third term, the First Felon has always had bad poll numbers. The inability of the Dems to clearly benefit from those bad poll numbers has given the Right two terms of this guy and the continuing inability of the Dems to manage the environment could very well give us a third term.

    That ANYONE is thinking AOC is our way out of a third term is a good idea shows just how delusional party leadership has become. Let’s not even discuss the limited response to the erosion of the government. Where is the loud opposition? The citizens of this country have been mostly abandoned by the Dem party as a whole, with a few notable exceptions.

  2. Maybe Georgie gets work release to be Pete Hegseth’s personal makeup artist, or more likely is pardoned by the bloated idiot.

    In any case, at least one grifter is going to the can.

  3. Agreed that AOC is not a good candidate at this time… But she certainly is worthy of a position in the House Democratic Leadership. The primary reason, in my mind, that the Democrats have been unable to benefit from Trump’s bad poll numbers is that there are too many Democratic relics in congress who think that they can be friends with Republicans. I don’t see too many Democrats in congress who should be leading the party.

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